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Article 1 of the Convention. Coverage. The Committee notes the Government’s statement that in Pakistan the term “tribal people” has been used to describe both the indigenous and tribal populations. The Committee requests the Government to provide updated information on the size of the groups which the Government considers to be covered by the Convention (census data or estimates).
Article 2. Measures to enable the tribal population to benefit on an equal footing from the rights granted by national laws and regulations. Recalling its previous comments regarding the extension of the labour legislation and the Bonded Labour System (Abolition) Act, 1992, the Committee notes the Government’s statement that its efforts to bring the tribal areas into the mainstream of Pakistani society, will eventually lead to the application of the labour laws in these areas. However, due to the relatively small number of workers employed in industry and because no demands in this regard were made by the local population, the Government is not considering extension of the labour legislation at this stage. The Committee notes that according to the FATA Sustainable Development Plan 2006–15 (SDP) 1,082 private sector industrial units operate in FATA employing some 10,000 workers, most of them unskilled. In this context, the Committee also notes that under the SPD one of the Government’s objectives is further industrialization, including through creating a legal framework for the protection of investment. The Committee recalls that the Government’s obligation under Article 2 to take measures to enable the populations concerned to benefit from the rights granted by national laws and regulations on an equal footing with other parts of the population. In addition, Article 15 requires the Government to take special measures to protect the workers in the areas as regards recruitment and conditions of work, as long as they do not benefit from the protection of the legislation applicable to workers generally. Accordingly, the Committee requests the Government to take the measures necessary to enable workers in the tribal areas to benefit on an equal footing from the rights which national laws and regulations grant to the other parts of the population. The Committee asks the Government to provide information on the measures taken to this end, including any further developments as regards the extension of the labour legislation, as well as information on the special measures as envisaged under Article 15.
Article 21. Education. The Committee notes from the SPD that in FATA only 17 per cent of the population is literate, with literacy among women being as low as 3 per cent (2006 baseline). The Committee notes that according to the Government’s report resource allocations for education in FATA have increased and the Government is promoting access to education and training through the construction and rehabilitation of schools, teacher training and through grants and admission quotas. The SDP also refers to positive measures to address the low enrolment rate of girls, such as providing transportation and stipends for them, as well as creating incentives for attracting female teachers. The Committee requests the Government to provide detailed information on the implementation of the measures taken under the SDP with a view to ensuring access of girls and boys to education, and information on the results achieved against the 2006 baseline. The Committee also asks the Government to continue to provide information on the number of students that have benefited from grants or reserved places.
Article 11. Land. The Committee notes the Government’s indication that land in tribal areas is considered to be the property of the tribes who divide it amongst their members, hold land records and deal with land disputes. However, as indicated in the SDP, the State owns all mineral resources. Mining activities require a non-objection certificate from the Government and an agreement of the tribal group resident in the area (SDP, page 110). The Committee requests the Government to provide information on the methods used to obtain the agreement of the tribal groups when consideration is given to exploration and exploitation of natural resource on their lands.
Article 2 of the Convention. The Committee notes from the Government’s report that the development of the Federally Administered Tribal Areas (FATA) is pursued under the FATA Sustainable Development Plan 2006–15 (SDP) which covers a wide range of sectors, including education, health, infrastructure, rural development, agriculture, industry and mining, and skills development. The Committee also notes the list of projects prepared by the FATA secretariat contained in the Government’s report. However, the Committee notes with concern the Government’s indications that the recent conflict in FATA have severely impacted on the implementation of the SDP. In this context, the Committee also notes that the Pakistan Workers’ Federation (PWF), in a communication of 21 September 2008, stressed the need for further action by the Government to promote the welfare of the tribal population which continues to be affected by poverty and unemployment. Recalling that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the tribal population concerned, including action to promote the social, economic and cultural development of the population concerned and to raise their standard of living, the Committee urges the Government, in cooperation with its international partners, to take the necessary steps to address the consequences of the conflict in the tribal areas, including through appropriate recovery and rehabilitation measures, and to ensure the full implementation of the SDP. The Committee requests the Government to provide detailed information on the measures taken and the results achieved in this regard. While noting the Government’s indication that the administration of the Provincially Administered Tribal Areas (PATA) of the North–West Frontier Province (NWFP) and of Baluchistan is under the direct responsibility of these two provinces, the Committee reiterates its request for information on the measures taken to apply the Convention to the population concerned in these areas.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 2 of the Convention. Social and economic development. The Committee notes the comments made by the Employers’ Federation of Pakistan to the effect that the exploration of mines and oil and gas fields, as well as the setting up of cement industries contributed to the social uplifting of the tribal population. The Committee would appreciate receiving further information on these activities and on the way in which they contribute to the social and economic development of the local tribal population. Further, the Government is requested to indicate the manner in which respect for the provisions of Articles 5, 11 and 12 is ensured in this context.
2. Legislation applicable in tribal areas. The Committee notes from the 2003 Poverty Reduction Strategy Paper that there is an “increasing realization that the Federally Administered Tribal Areas (FATA) need to be integrated into the broader national stream”. The Committee asks the Government to indicate whether the implementation of this strategy also entails the extension of national legislation to tribal areas, and if so, how it is ensured that the provisions of the Convention are taken into account in this context. The Committee also reiterates its request to the Government to indicate (a) the labour legislation applicable to the tribal areas and to provide information on how it is being supervised; and (b) whether the Bonded Labour System (Abolition) Act, No. III of 1992, applies to these areas.
3. Article 5. Consultation and participation. The Committee recalls the Government’s previous indications that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. In the light of the recent development efforts mentioned in the Government’s report, the Committee requests the Government to indicate whether any machinery or specific procedures have been established for the purpose of facilitating collaboration and consultation of the tribal population. It also reiterates its request to the Government to provide further information on whether representatives of tribal populations participate in national elective institutions.
4. Article 15. Recruitment. The Committee notes that the Government’s report once again states that a quota has been reserved for employment of members of the tribal population in government services and organizations. The Committee requests the Government to provide more detailed information on the practical implementation of this quota system, including indications regarding the number of tribal people employed under it.
5. Articles 21–26. Education and means of communication. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.
6. Article 27. Administration. The Committee notes that the 2003 Poverty Reduction Strategy Paper indicates that reinvigorating public institutions through restructuring government departments and law enforcement agencies will be one of the strategies to promote development in the FATA. The Committee requests the Government to provide information on the measures taken to implement this strategy and to indicate any changes made with a view to improving the planning, coordination and execution of measures for the social, economic and cultural development of the populations concerned.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
1. Recalling the comments received from the All Pakistan Federation of Trade Unions concerning the application of the Convention in 2003, the Committee notes another communication from the same organization dated 26 April 2005. In the recent communication it is stated that tribal peoples in Pakistan suffered great economic and social hardship and deprivation and that there was a need for the Government to bring national law and practice into conformity with the Convention, including through effective economic and social measures to develop tribal areas and to provide for basic needs of education, water, health and employment opportunities. The Committee notes the Government’s report which contains some information in reply to the matters raised by the All Pakistan Federation of Trade Unions, as well as partial replies to the matters previously raised by the Committee. The Committee further notes the communication dated 23 January 2006 from the Employers’ Federation of Pakistan, which was forwarded by the Government, outlining the contributions made by the employers to the development of the tribal areas.
2. The Committee recalls that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the populations concerned, including action to promote the social, economic and cultural development of these populations and to raise their standard of living. In this regard, the Committee notes from the Government’s report that the Annual Development Programme 2003–04 for the Federally Administrated Tribal Areas (FATA) was allocated PKR3.26 billion to implement schemes in the areas of education and training, including skills development for women, health, communication, agriculture and rural development. The Committee also notes that Pakistan’s 2003 Poverty Reduction Strategy Paper indicates that the Government has initiated a major development effort in the FATA “to reach inaccessible areas and expose them to the mainstream economic benefits” (paragraph 5.193). The Committee notes that among the objectives of this effort are the improvement of the living conditions of the rural poor, to boost agricultural production, and to improve the status of women through training and support for income-generating activities. The Committee requests the Government to provide in its next report information on the implementation of these development programmes in the FATA, including statistical data or other indicators on the basis of which the Committee can appreciate the progress made in raising the standard of living of tribal people in the different agencies, in accordance with the Convention. Recalling its previous comments, the Committee reiterates its request to the Government to provide information on the development activities in the Provincially Administered Tribal Areas, particularly those being implemented in Baluchistan.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
5. Articles 21-26. Education and means of communication. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.
2. The Committee recalls that under Article 2 of the Convention, the Government has the primary responsibility for developing coordinated and systematic action for the protection of the populations concerned, including action to promote the social, economic and cultural development of these populations and to raise their standard of living. In this regard, the Committee notes from the Government’s report that the Annual Development Programme 2003-04 for the Federally Administrated Tribal Areas (FATA) was allocated PKR3.26 billion to implement schemes in the areas of education and training, including skills development for women, health, communication, agriculture and rural development. The Committee also notes that Pakistan’s 2003 Poverty Reduction Strategy Paper indicates that the Government has initiated a major development effort in the FATA “to reach inaccessible areas and expose them to the mainstream economic benefits” (paragraph 5.193). The Committee notes that among the objectives of this effort are the improvement of the living conditions of the rural poor, to boost agricultural production, and to improve the status of women through training and support for income-generating activities. The Committee requests the Government to provide in its next report information on the implementation of these development programmes in the FATA, including statistical data or other indicators on the basis of which the Committee can appreciate the progress made in raising the standard of living of tribal people in the different agencies, in accordance with the Convention. Recalling its previous comments, the Committee reiterates its request to the Government to provide information on the development activities in the Provincially Administered Tribal Areas, particularly those being implemented in Baluchistan.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read in relevant part as follows:
The Committee … notes that the All Pakistan Federation of Trade Unions submitted comments on the application of this Convention, which were communicated to the Government on 5 September 2003, but on which the Government has not so far made any comments. …
The Committee notes that the Government’s brief report refers to its annual report on the Convention for the period 1 July 1995 to 30 June 1996, which is identical to its prior two reports.
1. Article 2 of the Convention. The Committee notes that the last information received on the activities carried out through the development programme for the Federally Administered Tribal Areas (FATAs) related to the period ending in 1994. Accordingly, the Committee would be grateful if the Government would provide information in its next report on the nature of the development activities now being carried out in the different tribal areas, including statistical data on the number of tribal people benefited by these programmes, and the progress achieved since 1994 in promoting the social, economic and cultural development of these populations and raising their standard of living.
2. The Committee notes that, once again, no information was supplied in the report concerning development programmes in the Provincially Administered Tribal Areas (PATAs). The Committee is therefore repeating its request for information on the development activities in the PATAs, particularly on those being implemented in Baluchistan.
3. Article 3. The Committee notes from the report that no special measures have been adopted by the Government to extend the national legislation to the tribal areas, within the meaning of Article 3. In this regard, the Committee notes the Government’s indication that tribal areas have their own specific rules and regulations and that all matters are decided under the Jirga system prevalent in those areas. The Committee requests the Government to supply concrete information on the rules and regulations mentioned, including copies of any texts available.
4. Article 5. The Committee notes the Government’s statement, repeated from previous reports, that all development programmes in the tribal areas are implemented with the cooperation of the people concerned and that they are consulted regarding any decisions that may affect them. The Committee reiterates its request that the Government indicate whether any machinery or specific procedures have been established for purposes of facilitating the collaboration and consultation mentioned.
5. Referring to its previous comments concerning the Members of the National Assembly and Senators elected to represent the tribal populations, the Committee repeats its request that the Government indicate whether any of those representatives belong to the tribal populations.
6. Article 7. The Committee notes the Government’s indication that no information has been received from the areas concerned regarding the application of the Bonded Labour System (Abolition) Act, No. III of 1992, or its extension to the tribal areas. The Government is requested to indicate the bodies charged with implementation of the Act, as well as to supply concrete information on the manner in which its application is supervised and enforced. Recalling that members of tribal populations are particularly vulnerable to the abuses that the Act is intended to eliminate, the Committee again requests the Government to supply information on its extension to and enforcement in the tribal areas.
7. Articles 11 to 14. The Committee notes the Government’s statement that there are no instances of tribal people being displaced from their lands due to the execution of public works or other development projects.
8. Article 15. Referring to its previous comments on the supervision of working conditions in tribal areas, the Committee notes that it has been requesting information on this point since 1988. It once again repeats its request that the Government supply concrete and detailed information, in its next report, on the manner in which working conditions are monitored in the tribal areas and the number of labour inspection visits carried out in those areas during the reporting period. The Government is also requested to provide specific information on the labour legislation applicable to the tribal areas.
9. Articles 21 to 26. The Committee repeats its request for information on the number of students from the tribes that have benefited from the quotas for tribal students in the professional colleges as well as on the number of tribal students that have received scholarships for higher studies.
The Committee is repeating this year its previous direct request, to which once again no answer has been received. The Government has now not provided detailed information on the application of this Convention in more than a decade. It requests the Government to provide information in its next report on the matters raised in the direct request, and more generally. It recalls in this connection that the Government also has not replied to comments made on the application of the Convention in 2003 by the All-Pakistan Federation of Trade Unions.
More generally, the Committee is aware that the situation in the tribal areas, many of which are located along the border with Afghanistan, has been seriously affected by the war in Afghanistan and the rapid evolution in the situation in these areas. The Committee urges the Government to provide a general appreciation of this situation as it relates to the application of this Convention.
[The Government is asked to reply in detail to the present comments in 2005.]
The Committee notes that the Government’s report has not been received. It also notes that the All Pakistan Federation of Trade Unions submitted comments on the application of this Convention, which were communicated to the Government on 5 September 2003, but on which the Government has not so far made any comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Articles 2 and 27. The Committee notes the budgetary allocation provided by the Government for the development of activities in Federally Administered Tribal Areas (FATAs) implemented through the government department of the North-West Frontier Province and the FATA Development Corporation, and their achievements during 1993. The Committee hopes that the Government will continue to provide information in its future reports on the activities carried out in these areas.
2. The Committee notes that there was no reference in the report to development programmes in the Provincially Administered Tribal Areas (PATAs) and that information on the Baluchistan programme will be included in the next report.
3. Article 3. The Committee notes that the Government has not taken any specific steps to extend the national legislation to these areas. Since the national legislation does not apply in these areas unless it has been formally extended to them, the Committee asks the Government to indicate in its future reports whether it has decided to extend any such legislation.
4. Article 5. The Committee notes the Government's statement that all programmes in the tribal areas are implemented with the cooperation of the people concerned who are consulted concerning any decisions that may affect them. Please indicate in the next report whether there is any machinery for this purpose.
5. The Committee notes that Members of the National Assembly and Senators have been elected to represent the tribal populations. Please state whether the candidates who have stood for election are from the tribal populations.
6. Article 7. The Committee again asks the Government to provide information on the application of the Bonded Labour System (Abolition) Act, No. III of 1992, stating in particular whether it has been extended to tribal areas.
7. The Committee notes the information on the jobs reserved for the tribal populations in the areas concerned.
8. Articles 11 to 14. The Committee notes the statement in the report that whenever there are public works or other development projects in tribal areas, the people are always consulted first and compensation is paid. Please provide information on any instances of tribal people being displaced from their land for such reasons and the type of compensation that has been paid.
9. Article 15. The Committee again requests information on how working conditions are supervised in tribal areas, with special reference to labour inspection visits carried out. Please indicate the type of labour legislation that applies in these areas.
10. Articles 21 to 26. The Committee notes that there is a special quota for tribal students in all professional colleges, as well as scholarships for higher studies. Please provide information on the number of tribal students who have received such assistance.
1. The Committee notes that the Government's report of March 1992 states that no further action had been taken on the points raised in the Committee's direct request of 1988. It hopes that in its next report the Government will be able to provide more detailed information which will allow a comprehensive evaluation of the situation of the different tribal populations of the country. It hopes that the Government will distinguish, to the greatest degree possible, between the situation in the tribal areas of the North West Frontier Province and those in Baluchistan.
2. Articles 2 and 27 of the Convention. The Committee recalls that in its previous comments it requested the Government to provide additional information on the development programme for the Federally Administered Tribal Areas (FATAs) and the special development programme for the FATAs and PATAs (Provincially Administered Tribal Areas). It recalls that the last information provided in the context of the present Convention related to the period ending in 1988, and notes that since then other such plans may have been implemented. Please indicate (a) what plan is presently in force, and (b) the results of the earlier plans in the tribal areas. The Committee hopes the Government will continue to provide information in its future reports on the implementation of these programmes.
3. Article 3. Please indicate any measures undertaken since the last report to extend national legislation to the tribal areas.
4. Article 5. Please indicate whether any measures have been taken to obtain the collaboration and involvement of these populations and their representatives in the formulation and implementation of programmes intended to implement the Convention. The Committee notes in this connection, from the Government's 1986 report under the UN Convention on the Elimination of Racial Discrimination (doc. CERD/C/149/Add.12) that tribal representatives are nominated to participate in seminars and other forms of nation-building activities. Please indicate also whether they have been consulted in establishing the Government's report.
5. Article 7. The Committee notes with interest the adoption of the Bonded Labour System (Abolition) Act, No. III of 1992 which renders void and inoperative any custom, tradition or practice requiring bonded labour. Please indicate whether it has been extended to the areas inhabited by tribal populations, and if so, provide information on how it has been applied in these areas since its adoption in March 1992. This question is dealt with more generally under Convention No. 29.
6. The Committee recalls the statement by the Government in its 1987 report that it was considering a proposal to establish an employment cell in the Provincial Government of NWFP, for the reservation of a certain number of government jobs for members of the tribal populations. Please indicate whether any steps have been taken in this regard. Please also provide information on the opportunities for employment which have been created for the tribal population as a result of government-sponsored activities, including development projects.
7. Article 15. Please provide information on how conditions of work are supervized in the tribal areas, including in particular the activities of the labour inspectorate. Please also provide information on whether any labour laws have been extended to the tribal areas (see also under Article 3).
8. Articles 21 to 26. Please provide information on the present educational system in the tribal areas, including literacy programmes and vocational training.
9. Please indicate the language of instruction in the primary schools in the tribal areas and any steps which may have been taken to preserve the mother tongue or vernacular language.
With reference to its previous comments, the Committee notes with interest that the legislation referred to in the Government's reports have been extended to the tribal areas. The Committee requests the Government to continue providing information on any other decision taken to extend national legislation to the tribal areas.
The Committee also notes with interest the development programme for the Federally Administered Tribal Areas (FATA) and the special development programme for the FATA/PATA (Provincially Administered Tribal Areas). The Committee hopes that the Government will continue to provide information in its future reports on the progress made in implementing these programmes.
Lastly, the Committee recalls that it requested the Government to indicate the situation of the legislation concerning labour and the supervision of employment conditions in the above-mentioned regions (Article 15 of the Convention). The Committee hopes that the Government will be able to provide information on this subject in its future reports.